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2021-245-Order No. 2021-023 Recorded 6/18/2021REVIEWED LEGAL COUNSEL Recorded in Deschutes County CJ2021-245 Nancy Blankenship, County Clerk Commissioners' Journal 06/ 18/2021 11:35:13 AM D IIIIIIIIIIIlIIIIIIIIIiuu For Recordin. Stam. Onl BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order authorizing the gating of Pine Crest Lane, west of US 97, and authorizing the work to be performed per ORS 368.031(2)c as a single project on a Local Access Road. ORDER NO. 2021-023 WHEREAS, the Pine Crest Lane intersection with US 97 and the Pine Crest Lane crossing of the BNSF rail tracks present safety concerns to the travelling public given the lack of improvements on US 97 to accommodate turning movements and the lack of active rail crossing improvements (gates and lights); and, WHEREAS, Deschutes County constructed paved access to the Pine Crest Ranchettes and Holmes Acres Subdivision via improvement of Huntington Road and Deer Run Lane in 2017; and, WHEREAS, the Oregon Department of Transportation has requested Deschutes County assistance to close the intersection of US 97/Pine Crest Lane to non -emergency public use; and, WHEREAS, the Oregon Department of Transportation completed significant public outreach to inform nearby residents, emergency services, and community stakeholders of the proposal to close the intersection; and, WHEREAS, installation of a gate will provide for the desired access restriction and will allow for emergency use in the event of an evacuation due to wildfire or other emergency; and, WHEREAS, US 97 is a state highway under the jurisdiction of the Oregon Department of Transportation and Pine Crest Lane is a Local Access Road, as defined by ORS 368.001, under the jurisdiction of Deschutes County; and, WHEREAS, the Oregon Department of Transportation and the Deschutes County Road Department have agreed to construct the necessary improvements within the right-of-way of their respective jurisdictions; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON HEREBY ORDERS as follows: Section 1. A gate will be authorized and installed by the Deschutes County Road Department on Pine Crest Lane, approximately 180 feet west of the centerline -centerline intersection of US 97/Pine Crest Lane. Page 1 of 2- Order No. 2021-023 Section 2. The Road Department will coordinate installation of the gate and associated signage on Pine Crest Lane with the Oregon Department of Transportation, the La Pine Rural Fire Protection District, and the Deschutes County Sherriff's Office. Section 3 The gate installation and associated work on Pine Crest Lane, west of US 97, will be performed as a single project on a Local Access Road per ORS 368.031(2)c. Maintenance of the gate and associated signage within the right-of-way of Pine Crest Lane will be the responsibility of Deschutes County. Section 4. That this Order shall be recorded with the Deschutes County Clerk. DATED this ATTESTS L day of Recording Secretary , 2021. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR P L CHANG, VICE CHAIR PATTI ADAIR, COMMISSIONER Page 2 of 2- Order No. 2021-023 Pinecrest Lane approximate gate location January 2021 0 grAplifp, (1I E ..lāœ“:i Pinecrest Lane closure/restriction January 2021 TES Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 16, 2021 DATE: June 4, 2021 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2021-023, Pine Crest Lane Gate Order and Access Restriction RECOMMENDATION & ACTION REQUESTED: Approval with recommended motion: "I move to approve Board Order 2021-023 regarding the gating of Pine Crest Lane and restriction of access to US 97" BACKGROUND AND POLICY IMPLICATIONS: ODOT has requested Deschutes County assistance with restriction of Pine Crest Lane access to US 97, north of La Pine. Pine Crest Lane is a Local Access Road that is not maintained by the County, however the County is the jurisdictional authority for the public road right-of-way and the permitee for the rail crossing. US 97 lacks turn lanes at the intersection with Pine Crest Lane, which is located in a 65 mph speed zone. In addition to the safety issues at US 97/Pine Crest Lane, the restriction seeks to address safety at the BNSF Railroad crossing of Pine Crest Lane which is passively controlled (stop signs) and lacks active improvements (gates and lights). This restriction has been discussed for several years after completion of the paving of Huntington Road and Deer Run Lane which now provides a paved connection to the combined 91-lot Pine Crest Ranchettes and Holmes Acres subdivisions. Access to US 97 will require use of Huntington Road to Prairie Drive or Burgess Road, both of which have turn lanes on US 97 and active rail crossing improvements at the rail crossings (Prairie). The restriction will occur via gating of Pine Crest Lane at the north end of the subdivision (see attached map). This will allow Pine Crest to be utilized as an emergency egress in the event of a wildfire or similar emergency. Whereas the 91-lots within the adjacent subdivisions will no longer have direct day-to-day access to US 97 at Pine Crest Lane, the access will remain open as a driveway to the ranch property located to the north (Hatcher property). As such, ranch operations will not burden the local roads which serve the adjacent neighborhoods At the January 20, 2021 Board Meeting, ODOT presented a public communications plan to inform the adjacent neighborhood, road users, and emergency service stakeholders of the proposal and receive feedback. ODOT has completed the communications process and compiled the information (attached). In summary, ODOT received approximately 15 comments with a fairly even distribution of those favoring/understanding the closure, neutral with concerns/questions, and outright opposed. The La Pine Rural Fire Protection District and Deschutes County Sheriffs Office provided comments in favor of the closure. Attached is a Board Order (2021-023) which approves the installation of the gate on Pine Crest Lane west of the rail crossing and approximately 180 west of the intersection with US 97. The gate will be locked for day-to-day use, however the crossing will be available for emergency use as well as use by the neighboring ranch property for ranch operations access. As Pine Crest Lane is also a Local Access Road per ORS 368.001, the Board Order also authorizes expenditure of County resources in accordance with ORS 368.031(2)(c). Due to the safety concerns associated with the access, the Deschutes County Road Department is supportive of ODOT's request and will partner with ODOT to provide gating and associated warning signage improvements for the closure. ODOT will provide signage on the state highway as necessary to communicate the closure and lack of a thru route. FISCAL IMPLICATIONS: Deschutes County's portion of gating and signage improvements are estimated at less than $25, 000 and will be funded via the 325 fund. ATTENDANCE: Chris Doty, Road Department; Bob Townsend (or representative), ODOT. How was contact made? Name Email Phone Number Address Contact Date AskODOT Phone CaII Email Other/Notes Concerns, Questions, Comments, Emails Person on list for "Direct Contact? ODOT Response General Impression Diane and Kirk Selby iakelosh9.ds@outlo 17027 Deer Run Lane 3/8/21 x I received your information concerning gating off Pine Crest Lane. The last information I had on this was it was supposed to be closed off in April 2020. PLEASE GATE THIS ACCESS OFF. It is dangerous and last year's accident luckily did not result in any deaths. It is just a matter of time before someone gets killed trying to turn onto Pine Crest Lane from 97. I live on Deer Run Lane and there is no reason to keep this access open to Hwy 97. It only takes two minutes to Prairie to access the highway. emailed response ok.com Kirk Selby goheleth5454@hot 17027 Deer Run Lane 3/8/21 x i am writing in response to your i ryer on the vine Lresi Access ra., to rrwr yi, in Ld vine, tin. it is illy opinion that this access needs to be removed for safety reasons. It is dangerous. I reside in La Pine on Deer Run Ln. This access also creates a short cut for many travelers who lack any respect or regard for the residents of this subdivision who speed through here on a daily basis, both for private and commercial use. I have witnessed several times where unsafe access and egress have taken place because people just flat do not want to wait until the traffic volume on HWY 97 decreases to a safe and passable level. Many of my neighbors have been anticipating this closer for years and would welcome it, whether they speak up about it or not. I suppose it is as much of political decision as it is practical, but I am certain that the residence that live on Pine Crest up to and including adjacent to the railroad crossing would love this closer as the road to their homes continue to deteriorate due to higher volumes of traffic that the road was not originally intended to provide. Thank you for taking dome time.for me in this matter. emailed response mail.com Janet Spore 541-408-2983 17025 Cougar Lane 3/8/21 x Only concern is for safety in case of an emergency, wish had another key closer by. Not sure if police or fire having key will be fast enough response. documented comments Mr. Colter 360-836-6386 17114 Fawn Not thrilled, because turn lanes could have gone in. Biggest concern is who will have keys? Everyone should have access, would like to have keys. If something is going on huntington side, clear at the back, would have to wait. His idea is a turn lane, or, put do not enter so folks can go out and not in. Wish they would put stopight at 97 and Burgess. Fire comes through in summer, 5 mins could burn hundreds of acres. Emergency access is biggest thing. Would like to see every resident back there could have a key, instead of waiting for someone else. documented comments Teresa Lafore 541-419-9850 17023 West Drive 3/10/21 x Want to thank you guys, lived in this area long time, wants to thank for all you do, wants to thank us. Call and congratulate and thank ODOT. Gate is a gret idea. documented comments Paul Hatcher Ranch Property Owner 541-420-6272 53405 Pinecrest 3/10/21 x have some major concerns, need to put something up, just saw a semi do a u turn in there. Wanna talk, owner of the property that has access. We have semis do a u turn in the middle of 97, have seen some crazy stuff from the ranch. Speed up the process of removing pinecrest, take out pinecrest sign, just getting worse. Have explained that to Roland. Have another ranch in southerland, and down there they will put up a sign for private property or something. Something will need to go on 97 like "no entrance" etc.' No turnaround". Called back, documented comments Donny Ferrill donnyduke79@gma 3/8/21 x I'm writing this message in regards to the proposal of a gate on the east side of our subdivision. I use this route every single day and I don't believe there should be a gate. There are far worse intersections around la pine with a history of accidents that should be focused. If people do not want to use the entrance/exit they can chose to do so on their own. I'm sure this email will make no difference, but I've gotta try. Please do not gate our entrance! emailed response l.com Dale Harvey (707)498-2582 Ellis Dr in Pinecrest 3/8/21 x Has concerns, will often pull over on 97 on the other side so he can shoot straight over. Would like county to maintain the road. Really concerned bout having to go out at prarie or state rec, will we drop the speed limit to make that easier? That will pu everyone down there in a few places. Knew this was coming, will be an inconvenience until used to it. Will just have to see how it goes comments are from voicemail left 3/8 City of La Pine (541)536-1432 16345 Sixth Street 3/16/21 x yes left a vm for city manager OSP Lt. Roblis 541-388-6213 16639 Box Way 3/16/21 x x Provided information on crash data and plans to Lt, have not heard back yet. yes Spoke to Lt. Robles on the phone, emailed him info. He will respond. Deschutes County Sheriff jason.wall@deschut 541-536-1758 51340 U.S. 97 3/16/21 x x Gave my number to Joe DeLuca, but sgt. Wall thinks obviously that would prevent accidents, egrees is always an issue on/off 97. DeLuca will get back to ODOT with more commentary. yes Spoke to Sgt Wall es.org Deschutes Rural FD, Gary Marshal 541-322-6377 3/16/21 x This is not in his district. yes left vm La Pine RFPD, Mike Supkis, Chief 541-536-2935 3/16/21 x fire dist has been on record, that they are good with closing the access, due to mult fatal and near fata, one caviat that county pave huntington, that was completed 3 years ago, just wrote Doty at county explaining that, and Tim Mcginnis, EMS/Fire approve the gating. Access will be up huntington. People may oppose, with fire. Deschutes R woods access is example. Reason not so concerned here, if evac is your only option, you may be dissapointed. Have home area fire ready. Prote definsible space around house, evacuate early. Firewise your home, exit early. Reccoment lock box at the gate OR lock is defeatable with bolt -cutters. Lots of other high end neighborhoods that are one way in one way out. When people throw wildfire concern, compare that with number of injuries or deaths on the highway. If the rancher still has access, make it right only. Will ODOT make any road improvements there? Concrete barrier? Not a believer in signs. Proper engineering works, dont give them the option to turn. Stripe it? People will still try to make the turn not knowing that there is a gate. Not eliminating the actual left hand turn. Agree with the gate, but will be creating new hazard. People are looking for a shortcut. yes Deschutes County Ambulance Per chief Supkis, they are the ambulance service for the area. yes Bend La Pine School Dist, Kim Crabtree, Director Transp. kim.crabtree@bend 541-355-1000, 541 355-5701 3/16/21 x x No impact to the school district yes left vm and follow up email .k12.or.us of Marilynn 541-876-5123 17045 Cougar 3/17/21 x Wondering when? Who will have the key? No opinions or comments. discussed with Marilynn. Pamela Jacobsen benzingerbigfootPy 3/18/21 x Hello, I am writing regarding the flyer we received about gating off Pinecrest Lane. We live on Pinecrest about 1/4 mile from the highway 97 access, and bought our place because of the convenience and easy access to the highway when we go to La Pine or Bend. I am disabled, on oxygen all the time and need to be able to get out easily sometimes. In the winter our neighborhood is rarely plowed, and Huntington Road is also not cleared right away, making it harder to go that way. We would also prefer to have this access in case of wildfires in the summer. Gating off our highway access would be comparable to removing all of our neighborhood front doors and saying we could only use our back doors if we needed to go somewhere. In all the time I have lived here I have had no issues with the train crossing or using the access to the highway there. I have seen many accidents north of us on the highway but never really seen a problem here. It would have been nice if the state could have put in turn lanes here, which would have been so much less expensive than paving all of Huntington Road. Maybe that was all tied to the Burgess Road Boondogle. I think that gating the access might also create a problem for people exiting Hwy 97 in that they wouldn't be aware of the gate, and now they have no place to turn around once over the tracks. We get a few folks using GPS that come through the neighborhood for deliveries and such. We hope that this is not being done due to the issues with one or two property owners. Since 2019, our neighborhood has had to replace 24 water wells, which could possibly be tied to the rerouting of the Paulina Wetlands into a specific drainage area instead. This was not only expensive for all of us but we have also lost many trees in our neighborhood that just didn't have deep enough roots to survive the water change.We hope that you will consider all folks that live here before trying to fix something that really isn't broken. emailed response ahoo.com Larry Davis 541-815-8881 53387 Pine Crest Lane 3/22/21 x He is house right there in front of it, been here so long, every time they get a major crash hes there. Is supportive, would like it done 20 years ago. Sit on the deck and see so many accidents. Happens several times a week when traffic is bad, most people live through it but its bad. Bad traffic accidents. Thinks most everyone in the area is supportive. talked on phone Scott Henderson 503-705-9876 3/22/21 x Former city council member of La Pine, doesn't think gating is a good idea. ODOT has wasted millions of dollars in this area, could have put in a left turn lane there is plenty of room, and burgess doesn't need any more traffic on it. Also have that bridge and the deer crossing that cost thousands to put in. Dont think its a good idea, know that the corner is not a great place to turn, but again ODOT is wasting a lot of money in that area, should be money to spend if they want to for turn lanes, maybe put some barriers in the middle to prevent left turns, right turn is not an issue. Burgess is already busy. Know there are concerns about the rail crossing, but right turn isnt a problem. received voicemail, called back, listened to concerns co E 0 ā€” (n (r) 0 0 014 Mtn (t5 CD 0 CD co 1 cu ā€¢ Ci) 0 d co ā€¢ US au